Buying guns as a fellon

[SS MAYFLOAT]

Re: Buying guns as a fellon

I know in Ohio, that many times in the news around here there is reports and charges filed against people for having a firearms under a disability. I'm just going by what I hear from the LEO's as they are the ones that enforce the laws. Most of the time these people who get cited are mostly under parole or on probation. It maybe perfectly legal for them to obtain and own once they are off the system, but if they do something that is illegal, they will get cited for having a firearm disability.

In a nut shell, yes they can, but (best to my knowledge) they can be charged with the disability if they perform a crime. I would say it mostly depends on their previous record.

 

[ratracer]

Re: Buying guns as a fellon

Bomar76 essentially has the correct answer, but didn't explain thoroughly.

Purchases of firearms must comply with all appropriate state and local laws in your state of residence. In addition, if you are directly purchasing a rifle or shotgun in another state (i.e. no FFL transfer between the state of purchase and the state of residence, such as required for out-of-state handgun purchases) all appropriate state and local laws in the state of purchase ALSO apply.

The part that most of you appear to be failing to take into account is that purchases of firearms MUST ALSO comply with all relevant FEDERAL laws.

Convicted felons may request and obtain a waiver via the US Attorney General's office which will restore a right to own firearms under FEDERAL law. Without this waiver, a convicted felon is not legally entitled to own or posess firearms regardless of whether or not the laws in his state of residence allow it.

Even with such a waiver, a convicted felon can still be prohibited from firearm ownership based on the laws of their state of residence.

 

[Nandy]

Re: Buying guns as a fellon

How are the federals going to know the guy had is a felong when no record exists?

 

[bhammer]

Re: Buying guns as a fellon

Convicted felons may request and obtain a waiver via the US Attorney General's office which will restore a right to own firearms under FEDERAL law. Without this waiver, a convicted felon is not legally entitled to own or posess firearms regardless of whether or not the laws in his state of residence allow it.
Even with such a waiver, a convicted felon can still be prohibited from firearm ownership based on the laws of their state of residence.

Again, some of this is misinformation. You make a blanket statement that "felons" cannot own firearms. Not to split hairs, but please reference 18 U.S.C. ? 921(a)(20)(A) for the correct statement showing that some felons can in fact own firearms.

Also, unless it has changed in recent months, the AG is NOT who you make application through, it is the BATF, which Congress has not funded the ownership return program in some years. Making it almost impossible to get your rights back.

 

[treedancer]

Re: Buying guns as a fellon

Here is some of East St.Louis,s finest ?.almost.


< According to court documents and Councilman Delbert Marion, some of the recruits have prior arrests for drunken driving, have been involved in shootings, are registered sex offenders, have felony arrests for robbery and have been dismissed from other police departments. These are not the kinds of people East St. Louis wants as police officers, Marion said.>


http://www.bnd.com/news/local/story/387229.html

 

[bhammer]

Re: Buying guns as a fellon

Here is some of East St.Louis,s finest ?.almost.

I have had the pleasure, if you can call it that, of driving through East St. Loius when heading to Cahokia. Got lost one time and after trying to get back on the highway, I managed to take a bullet into the trunk of my rental car. The rent car company was upset becasue I reported it and they lost their car for a couple days.

I will never again arrive the airport on the last flight of the night deal...

 

[franco802]

Re: Buying guns as a fellon

No offense, but with him being a prior felon, hopefully he will never have firearms in his hands ever.

 

[SgtMaj]

Re: Buying guns as a fellon

Let's stick with actual facts from the state you reside in please.
It varies from state to state I am sure, so this stuff that is nationwide don't cut it.
If you know the laws in your state, post or quote the statue, not just saying you know.
As has been said, misinformation on this can and would be dangerous.
Thanks

The confusion here seems to stem from the belief that just because something is legal by state laws, that one can not be prosecuted for it. That simply isn't true, since they could be prosecuted federally if there is a federal statute outlawing it. Only where there is neither state nor federal laws outlawing it, can one be assured that said thing is in fact, legal.

So if it's illegal federally, then it doesn't matter what each state says because it is illegal in the entire country. But if it's legal federally, then it still may not be legal in certain states, and that's when it's necessary to find out if there are specific state laws that outlaw it.

A classic example of this confusion, and the trouble it leads to, can be found in California with their legal medical marijuana. It may be legal visa-vie California laws, but it's still illegal on the federal level, which is why several manufacturers of medical marijuana have been arrested and charged in the federal court system.

 

[Uraijit]

Re: Buying guns as a fellon

No offense, but with him being a prior felon, hopefully he will never have firearms in his hands ever.

A non-violent "crime" many years ago, somehow automatically makes him dangerous, because the "crime" was defined as a "felony"?

If the guy was a bank-robber, or a murderer, sure. But if his crime was possession of "illegal drugs", how does this make him a dangerous individual?

What if your great grandpa used to drink Moonshine during "prohibition", does that mean he should never own a gun either?

 

[waterinthefuel]

Re: Buying guns as a fellon

So if someone wrote bad checks 10 years ago they shouldn't be allowed to own a firearm because they are perceived as dangerous because its a felony?

Hmm, are you a Christian? If so, did you read the bible, specifically the verse Matthew 7:1 and 7:2: You shall not judge, lest ye shall be judged, How can you see the the speck in your neighbors eye, and be blind to the log in your own?

Nobody on this earth is perfect, some have an imperfect past. I don't judge a man by his mistakes. I judge him by the way he picked himself up by his bootstraps and bettered himself and his family post-conviction or release from prison. That separates a felon from a convict.

 

[SgtMaj]

Re: Buying guns as a fellon

So if someone wrote bad checks 10 years ago they shouldn't be allowed to own a firearm because they are perceived as dangerous because its a felony?

Another way to look at it is that he shouldn't be allowed to own a firearm because that is part of the punishment for, and deterrant of commiting a crime. Punishment and your debt to society don't automatically end the minute you walk out of prison. If it did, sentancing post incarceration probation wouldn't be possible. The inability to own a gun the rest of your life is just part of the longer sentance.

 

[xtraspam]

Re: Buying guns as a fellon

Some aardvarks eat ants, others do not. It depends on whether or not they are hungry, living or dead, represented by competent council, etc.

 

[BMOLCHANY]

Re: Buying guns as a fellon

Don't try it in PA.